The 48 appealed the fines and convictions imposed on them in Muswellbrook Local Court when they were arrested for demonstrating at the Bayswater Power Station on December 5 last year.

The group had pleaded guilty in Muswellbrook Local Court on January 31 this year, were convicted and fined $250 each.

They admitted having penetrated the Bayswater Power Station last year in a peaceful protest involving their group, known as Camp 2010, the court was told.

Members had stationed themselves on a rail line transporting coal from the power station.

The prosecution conceded that none had any prior conviction and they were “motivated by a desire to protect the community”.

Judge Peter Zahra said the members were part of a nationally organised protest and about 130 had stationed themselves on the coal rail line, which had to be shut down.

It was submitted their behaviour had occurred in a political context and they had been acting “in the protection of their community”, the judge said.

Judge Zahra said the right to protest was an accepted part of a democratic society and he paid tribute to the work many of them did for disadvantaged groups in society, for homeless youth and in cultural programs, and their efforts to bring attention to the debate on climate change.

The 48 were issued with a Section 10 order, which allows the judiciary

discretion to dismiss charges without penalties or convictions.

The fines of two other group members were not withdrawn because of previous convictions for similar offences.

Protester Jan Davis from East Maitland said courts would see more and more people who would “stand up” in similar non-violent protests.